HomeMy WebLinkAboutresolution.council.071-99 RESOLUTION NO.
(SERIES OF 1999)
A RESOLUTION GRANTING THE RENOVATION OF THE RED BRICK LOCKER
ROOMS CONTRACT TO JEFF WADLEY CONSTRUCTION, INC., FOR THE CITY'S
RECREATION DEPARTMENT CONSTRUCTION SERVICES, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN
WHEREAS, there has been submitted to the City Council a contract between the. City
of Aspen, Colorado and Jeff Wadley Construction, Inc., P.O. Box 333, Carbondale, Colorado,
a copy of which contract is annexed hereto and part thereof.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the contract between
the City of Aspen, Colorado, and Jeff Wadley Construction, Inc., regarding the construction
improvement services contract for the Red Brick locker rooms Project, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager to
execute said contract on behalf of the City of Aspen.
Dated:
RaChel E. Richards, Mayo~ '~
I, Kathryn Koch, duly appointed/aInd acting City Clerk do certify that the foregoing is a true
and accurate copy of that resol)/tij~n adopted by ~e_..City Council of the City of Aspen,
Colorado, at a meeting held {_ ~/~Z~d.~]" ~_.~"j , 1999.
Kathryn S. ~dh, C'~ty Clerk
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MEMORANDUM
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TO:
MAYOR & CITY COUNCIL
THRU:
AMY MARGERUM, CITY MANAGER
FROM:
TIM ANDERSON, RECREATION DIRECTOR
DATE:
AUGUST 16, 1999
RE:
RED BRICK LOCKER ROOM RENOVATIONS
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Summary:
Council will find attached a contract for renovation of the Red Brick locker rooms. In
past survey's ofthe public the Recreation Department was able to ascertain that the
locker rooms were the number one concern by the public in the use of the Red Brick
Recreational facilities. The 1999 AMP has $46,000 appropriated toward the
improvements identified for the Red Brick locker rooms. The contract attached is in the
amount of$41,607 which leaves room for additions or unexpected concerns during the
renovation. Jeff Wadley Construction, Inc. is being awarded the contract due to their past
experience with municipal type projects and their past work with the architect of design,
Glenn Rappaport.
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The renovation has long been anticipated by the patron of the Red Brick. Work is
expected to be completed by mid September.
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Background:
The Red Brick gymnasium has become a popular recreational amenity for the community
of Aspen. The facility provides space for anything from youth gymnastics to the largest
indoor climbing wall in the valley, to fitness programs, and rentals for birthday parties
and other community functions. In surveying the public the Recreation Department
found that the conditions of the locker rooms were of most concern by the users. The
gym and locker rooms were areas in which very little was done during the original
renovation of the building.
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Discussion:
The improvements to the locker rooms at the Red Brick will involve mostly cosmetic
improvements using the existing walls and structure. Structural changes would not be
financially feasible and cosmetic changes should brighten up the lower level of the
gymnasium. Improvements will include such items as:
. shower improvements (new tile)
. vanities and mirrors
. concealing exposed pipes
. new windows
. painting
. new sinks
. new toilets & partitions
. carpentry work
. miscellaneous hardware
. lighting improvements
The Recreation Department hopes that these improvements will enticcadditional patrons
to use the facility in the future.
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Financial Implications:
The budget for this project is $46,000. The bid for the project is just over $41,607. Staff
feels this project will easily be completed under or equal to the amount budgeted. There
are nO additional operational costs associated with these improvements. .
Recommendations:
Staff is recommending the approval of the Red Brick renovations in the amount of
$41,607 and not to exceed the budgeted $46,000.
Managers Comments:
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CHANGE ORDER
City of Aspen Engineering Department
No. \
DATEOFISSUANCE:~. 1'-\, 1"1"\'1
PROJECT: C\"\ - 0 \ '\
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OWNER: City of Aspen
CONTRACTOR:
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OWNER'S~O' 99- Dll..\
ENGINEER: ,
ENGINEER'S Project No.
You are directed to make the following changes in the Contract Documents.
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Attachments: (List docunients supporting change)
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CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
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Previous Change Order No. _
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Contract Time prior to
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days or date
Net Increase (decrease)
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Contract Price with all
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Contract Time with all
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APPROVED:
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RECOMMENDED:
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CONTRACT FOR CONSTRUCTION
(Short Form)
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The C:Uy 01 A..pen.-' -
THIS CONTRACT, made and entered into on August 23, 1999 , by and between
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the CITY OF ASPEN, Colorado, hereinafter called the "City", and _Jeff Wadley
Construction Inc._, hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein
contained, and for other good and valuable consideration, the receipt. and adequacy of
which are hereby acknowledged, the parties hereto hereby agree as follows:
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1. Construction of Project. Contractor agrees to furnish all labor.
materials, tools, machinery, equipment, temporary utilities, transportation and any
other facilities needed therefor, and to complete in a good, workmanlike and substantial
manner the Project as described in the Scope of Work and/or Proposal appended hereto
as Exhibit "A" which is incorporated herein as if fully set forth (the "Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or
Proposal appended hereto for the same approved in writing by the parties hereto., The
Project shall also be constructed and completed in strict compliance with all laws.
ordinances, rules, regulations of all applicable governmental authorities, and the City
of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval
requirements of Section 4-08-040. Contractor shall apply for and obtain all required
permits and licenses and shall pay all fees therefor and all other fees required by such
governmental authorities.
3. Payments to Contractor. In consideration of ih~ covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a. sum not to
exceed _forty one thousand, six hundered and seven dollars ($41.607.00
) DOLLARS or as shown on Exhibit" A" .
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4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than _October 1,1999_, subject to such delays as are
permissible under the "Extension of Time for Completion" section of this Contract.
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5. Payment of Bills and Charges. Contractor shall pay promptly all valid
bills and charges for material, labor, machinery, equipment or any other service or
facility used in connection with or arising out of the Project, and shall obtain periodic
releases from all subcontractors and material suppliers supplying labor or materials to
the Project concurrently with Contractor's delivering any payment to such
subcontractors and material suppliers. Contractor shall indemnify ,and hold City and
City's officers, employees, agents, successors and assigns free and harmless against all
expenses and liability suffered or incurred in connection with the claims of any such
subcontractors or material suppliers, including but not limited to court costs and
attorney's fees resulting or arising therefrom; provided that Contractor shall be excused
from this obligation to the extent that City is in arrears in making the payments to
Contractor, Should any liens or claims of lien be filed of record against the Property,
or should Contractor receive notice of any unpaid bill or charge in connection with
construction of the Project, Contractor shall immediately either pay and discharge the
same and cause the same to be released of record, or shall furnish City with the proper
indemnity either by title policy or by corporate surety bond in the amount of 150 % of
the amount claimed pursuant to such lien.
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6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
matedal suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing
an expenditure of an amount not less than the total of all previous payments made
hereunder by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or
Scope of Work appended hereto as Exhibit "A" are intended to supplement one
another. In case of conflict, however, this Contract shall control both.
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8. Changes in the Work. Should the City at any time during the progress
of the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do
so, and the same shall in no way affect or make void this Contract; but the amount
thereof shall be amortized over the remaining term of this Contract and added to or
deducted, as the case may be, from the payments set forth in Paragraph 3 above by a
fair and reasonable valuation, based upon the actual cost of labor and materials. This
Contract shall be deemed to be completed when the work is finished in accordance with
the original Proposal or Scope of Work as amended or modified by such changes,
whatever may be the nature or the extent thereof. The rule of practice to be observed in
fulfillment of this paragraph shall be that, upon the demand of either City or
Contractor, the character and valuation of any or all changes, omissions or extra work
shall be agreed upon and fixed in writing, signed by City and Contractor, prior to
performance.
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9. Contractor's Failure to Perform. Should Contractor, at any time
during the progress of the work, refuse or fail to supply sufficient material or workmen
for the expeditious progress of said work or fail to perform any other provisions of this
Contract, City may, upon giving notice in writing to Contractor as provided herein and
upon Contractor's failure to remedy any such failure within 3 days from receipt of such
notice, terminate this Contract and provide the necessary material and workmen to
finish the work and may enter upon the Property for such purpose and complete said
work. The expense thereof shall be, deducted from the payments remaining under
Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such'
remaining payments, Contractor shall pay to City upon demand the amount of such
excess in addition to any and all other damages to which City may be entitled. In the
event of such termination, City may take possession of all materials, equipment and
appliances belonging to Contractor upon or adjacent to the Property upon which said
work is being performed and may use the same in the completion of said work. Such
termination shall not prejudice or be exclusive of any other legal rights which City may
have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during ihe time provided
for herein. However, the time during which Contractor is delayed in said work by (a)
the acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have
reasonably foreseen and provided against, or (c) unanticipated stormy or inclement
weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive
actions by employees or labor organizations and which are beyond the control of
Contractor and which it cannot reasonably overcome, or (e) the failure of City to make
progress payments promptly, shall be added to the time for completion of the work by
a fair and reasonable allowance. Contractor recognizes, however, that the site of the
work is in the Rocky Mountains at a high elevation where inclement whether conditions
are common. This fact has been considered by Contractor in preparing its Proposal and.
or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop
work if any payment, including payment for extra work, is not made to Contractor as
provided in this Contract. In the event of such nonpayment, Contractor may keep the
job idle until all payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materiaLs for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time
of inspection therefor, the Contractor finds that the proposed work is at variance with
the conditions indicated by the Proposal, Scope of Work, or information supplied by
City, or should Contractor encounter physical conditions below the surface of the
ground of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in this Contract
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or inherent in a work site located in the Rocky Mountains, Contractor shall so notify
City, and City shall at that time have the right and option to immediately cancel ami
terminate this Contract or to instruct Contractor to continue the work and add the
additional amount attributable to such unforeseen conditions to the payments due
Contractor as set forth above.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such
financing and title charges as are not refundable shall be included; provided that
supervision time, office overhead and profit shall not be included in such costs to be
refunded to Contractor by reason of such cancellation.
12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the
Project has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file
of record within five (5) days after the substantial completion and acceptance of the
Project a Notice of Completion. If City fails to so record the Notice of Completion
within said five (5) day period, City hereby appoints Contractor as City's agent to sign
and record such Notice of Completion on City's behalf. This agency is irrevocable and
is an agency coupled with an interest. Contractor agrees upon receipt of final payment
to release the Project and property from any and all claims that may have accrued
against the same by reason of said construction. If Contractor faithfully performs the
obligations of this Contract on its part to be performed, it shall have the right to refuse
to permit occupancy of any structures by City or City's assignees or agents until the
Notice of Completion has been recorded and Contractor has received the payment, if
any, due hereunder at completion of construction, less such amounts' as may be retained
pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3
above.
14. Insurance.
a. The Contractor agrees to procure and maintain, at its own expense, a
policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Contractor pursuant to the terms of this Contract.
Such insurance shall be in addition to any other insurance requirements imposed by this
contract or by law. The Contractor shall not be relieved of any liability, claims, demands,
or other obligations assumed pursuant to the terms of this Contract by reason of its failure
to procure or maintain insurance, or by reason of its failure to procure or maintain
insurance in sufficient amounts;.-duration, or types.
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r-. b. Contractor shall procure and maintain, and shall cause any subcontractor
, of the Contractor to procure and maintain, the minimum insurance coverages listed, in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set .forth below. Such
coverage shall be procured and maintained with forms and insurance acceptable to City.
All coverage shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Contractor pursuant to the terms of this Contract. In the
case of any claims,made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed
by applicable laws for any employee engaged in the performance of work under
this contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
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2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall iRclude coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The
policy shall include coverage for explosion, collapse, and underground hazards.
The policy shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with mlIllmum
combined single limits for bodily injury and property damage of not less than
ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00). aggregate with respect to each
Contractor's owned, hired and non-owned vehicles assigned to or used in
performance of the services. The policy shall contain a severability of interests
provision. If the Contractor has no owned automobiles, the requirements of this
Section 5.4.2.3 shall be met by each employee of the Contractor providing
services to the City under this contract.
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c. Except for any Professional Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the
City of Aspen's officers and employees as additional insureds. Every policy required
above shall be primary insuraf1ce, and any insurance carried by the City of Aspen, its
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officers or employees, or carried by or provided through any insurance pool of the City
of Aspen, shall be excess and not contributory insurance to that provided by Contractor.
No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The
Contractor shall be solely responsible for any deductible losses under any policy required
above.
d. The certificate of insurance provided by the City of Aspen shall be
completed by the Contractor's insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full force and effect, and shall
be reviewed and approved by the City of Aspen prior to commencement of the contract.
No other form of certificate shall be used. The certificate shall identify this contract and
shall provide that the coverage afforded under the policies shall not be canceled.
terminated or materially changed until at least thirty (30) da;ys prior written notice has
been given to the City of Aspen.
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clauses:
In addition, these Certificates of Insurance shall contain the following
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Underwriters and issuers shall have no right of recovery or subrogation against
the City of Aspen, it being the intention of the parties that the insurance policies
so effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any. premiums or for assessments under
any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer.
LocatiOn of operations shall be: "All operations and locationS at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect
at least fifteen (15) days prior to a policy's expiration date except for any policy expiring
on the expiration date of this Contract or thereafter.
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e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a
material breach of contract upon which City may immediately terminate this contract, or
at its discretion City may proCUre or renew any such policy or any extended reporting
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period thereto and may pay any and all premiums in connection therewith. All moneys so
paid by City shall be repaid by Contractor to City upon demand, or City may offset the
cost of the premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
15. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft
or vandalism, any work done by Contractor in rebuilding or restoring the work shall be
paid for by City as extra work under Paragraph 8 above. If, however, the estimated
cost of replacement of the work already completed by Contractor exceeds twenty (20%)
percent of the insured sum set forth in Paragraph 14 above, City shall have the option
to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost,
including net profit to Contractor in the amount of ten (10%) percent, of all warl,
performed by Contractor before such cancellation.
16. Notices. Any notice which any party is required or may desire to give to
any other party shall be in writing and may be personally delivered or given or made
by United States mail addressed as follows:
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To City:
Aspen, Colorado 81611
To Contractor:
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subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall
be deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or
, certified matter, addressed as above provided, with postage thereon fully prepaid.
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19.
Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final
acceptance of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to
be entered into by City).
20. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado,
and if applicable, in the County of Pitkin.
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21. Independent Contractor. It is expressly acknowledged and understood
by the parties that nothing in this Contract shall result in, or be construed as establishing
an employment relationship. The Contractor shall be, and shall perform as, an
independent the Contractor who agrees to use his best efforts to provide the Work on
behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be
deemed to be, the employee, agent or servant of the City. The City is interested only in
the results obtained under the Contract Documents. The manner and means of conducting
the Work are under the sole control of the Contractor. None of the benefits provided by
the City to its employees including, but not limited to, worker's compensation insurance
and unemployment insurance, are available from the City to the employees, agents or
servants of the Contractor. The Contractor shall be solely and entirely responsible for its
acts and for the acts of the Contractor's agents, employees, servants and subcontractors
during the performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY
MONEYS EARNED PURSUANT TO THE CONTRACT.
22. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities
under this Contract nor subcontract to others its rights and responsibilities under this
Contract, and any attempt to do so shall be void and constitute a material breach of this
Contract.
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23. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
24. Entire Contract. This Contract contains the entire Contract between
City and Contractor respecting the matters set forth herein and supersedes all prior
Contracts between City and Contractor respecting such matters.
25. WaiVers. No waiver by City or Contractor of any default by the Olher
or of any event, circumstance or condition permitting either to terminate this Contract
shall constitute a waiver of any other default or other such event, circumstance or
condition, whether of the same or of any other nature or type and whether preceding,
concurrent or succeeding; and no failure or delay by either City or Contractor to
exercise any right arising by reason of any default by the other shall prevent the
exercise of such right while the defaulting party continues in default, and no waiver of
any default shall operate as a waiver of any other default or as a modification of this
Contract.
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26. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or
, permitted, but each shall be cumulative and shall be in addition to every other remedy.
27. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or
equity shall be Pitkin County.
28. Attorneys' Fees. If either party to, this Contract shall institute any
action or proceeding to enforce any right, remedy or provision contained in this
Contract, the prevailing party in such action shall be entitled to receive its attorneys'
fees in connection with such action from the non-prevailing party.
29. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the' provisions of this
Contract are declared to be severable.
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30. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, national origin, age,
marital status, sexual orientation, being handicapped, a disadvantaged person. or a
disabled or Viet N am era veteran. The Contractor will take affIrmative action to insure
that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, sex, age, sexual orientation,
handicapped, a disadvantaged "person,or a disabled or Viet Nam era veteran. Such
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action shall include, but not be limited to, the following: employment, upgrading, demo-
tion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
31. Prohibited Interest. No member, officer, or empleyee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any'interest, direct or
indirect, in this Contract or the proceeds thereof.
32. Warranties Against Contingent Fees, Gratuities, Kickbacks ami
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an Contract or understanding
for a commission, percentage, brokerage, or contingency fee, excepting bona fide
employees or bona fide established connnercial or selling agencies maintained by the
Contractor for the purpose of securing business.
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b. The Contractor agrees not to give any employee or former employee o(
the City a gratuity or any offer of employment in connection with any decision, approval.
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or
other particular matter, pertaining to this Contract or to any sOliCi~tion or proposal
therefor. .
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to
the prime Contractor or higher tier Subcontractor or any person associated therewith, as
an inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of
the compensation to which he/she is otherwise entitled. The Contractor shall comply with
all applicable local, state and federal "anti-kickback" statutes or regulations.
.~.
33. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by
the City beyond any amounts that may be, from time to time, appropriated by the City on
an annual basis. It is understood that payment under any contract is conditional upon
annual appropriation of funds by said governing body and that before providing services,
the Contractor, if it so requests, will be advised as to the status of funds. appropriated for
"
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services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate. .
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
".
RECOMMENDED FOR APPROVAL:
City Engineering Department
ATTESTED BY:
CITY OF ASPEN, c~
By 411/
~~, }' A:f, s
Title:
APPROVED AS TO FORM:
By: ~~!/p~
City Attorney'
CONTRACTOR:
BY~\\~~
Title:_~' '
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If
a partnership, the Contract shall be signed by a Principal and indicate title.
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971219631'9113
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'370-920-i.16
OSP~N RECREATION
ce"TIFICAT: OF INCORPORATION
(To be ocmpleted if Contractor is a Corporatlol'l)
STATEOF ('~~ ,)
Cu-rJ.~ lJ ) 55.
COUN1'Y OF CI - r~::.: )
Ontl1ls I ~ dayof ~ . 19a..9. before
me appeared
...!\:~ W.p.hc.~~ to m.
per$onally known, who,being y me "rst duly sworn, did say that &1M Is
~~....J......J.. " of
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the seal 8ffbed '10 said im.trument is the corporate seal of said corporation, and
that said in$trument was signed and sealed in behalf of said corporation by
authortty of It; board of dJreetol'8. and said deponent acknowledged said
Instrument to be the free act and deeci of said corporEltion.
W1~~~=lAL SEAL tMe day and year in this certificate
first above wrillen,
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
COUNTY OF
)
) SS.
)
On this
me appeared
day of
, 19_, before
to me
personally known, who, being by me first duly sworn, did say that s/he is
of
and that
the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed in behalf of said corporation by
authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate
first above written.
Notary Public
Address
My commission expires:
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